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Attorney General, prosecutor have no legal authority to remove councilman

Attorney General, prosecutor have no legal authority to remove councilman
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CROWN POINT | The Indiana Attorney General and Lake County Prosecutor said Wednesday they have no legal authority to remove from office a county councilman found guilty of tax fraud until his sentencing.

An error in a 2005 law that was supposed to require public officials to leave office after they are found guilty, likely means County Councilman Will Smith Jr. will not resign before his Jan. 9 sentencing unless his colleagues talk him into it.

Smith couldn't be reached for comment. Council President Elsie Franklin, D-Gary, said she cannot afford to lose Smith while the council is mulling important legislation to create a 1 percent county income tax.

Copyright 2012 nwitimes.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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